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Remoteness of damage

Smith v Leech Brain & Co [1962] 2 QB 405 is a landmark English tort law case in negligence, concerning remoteness of damage or causation in law. It marked the establishment of the eggshell skull rule, the idea that an individual is held responsible for the full consequences of his negligence, regardless of extra, or special damage caused to others. [1].

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Quick Reference. The rule that a tortfeasor cannot complain if the injuries he has caused turn out to be more serious than expected because his victim suffered from a pre-existing weakness, such as an unusually thin skull. A tortfeasor must take his victim as he finds him (Smith v Leech Brain & Co Ltd [1962] 2 QB 405). From: eggshell skull rule.

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Following hard on the heels of Smith v. Leech Brain and Co. Ltd. came Warren v. Scruttons Ltd.13 Here the plaint8 was assisting in the unloading of a tea chest from a ship when his finger was pierced and poisoned by a projecting wire. Previously he had contracted an ulcer on his right eye, leaving that eye slightly blurred. A medical con-

[Case Law Tort] ['thin skull rule'] Smith v Leech Brain & Co Ltd [1961] 3 All ER 1159 QBD YouTube

The Lord Chief Justice in Smith v. Leech Brain & Co., Ltd. [1962] 2 W.L.R. 148, 156Google Scholar, said obiter that he would now be prepared to disregard Polemis without specifying to which of its two interpretations he was referring. Polemis may be overruled very shortly: Hughes v. Lord Advocate, 1961 Google Scholar S.C. 310, now on appeal to.

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Smith v. Leech Brain & Co. Ltd Case Brief Summary Law Case Explained YouTube

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Oxbridge Notes' prizewinning note marketplace has been serving students since 2010 with premium study materials. Reap the benefits of joined-up learning and earn higher grades, just like our 75,000+ happy customers. Facts and judgement for Smith v Leech Brain [1962] 2 QB 405: : • Defendant was very susceptible to cancer because of previous.

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Mr. Smith employed in a factory owned by the Leech Brain (defendant). Mr. Smith employed as a galvanizer whose role was to remove articles from a tank of molten metal (roughly 400 degree Celsius) using a crane. His duties included using a crane to lift metal items and immerse them into a tank of molten zinc. The crane had a shield to protect the operator from the hot metal.

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Smith v Leech Brain [1962] April 28, 2023. Smith v Leech Brain & Co [1962] 2 QB 405 is a landmark case in English tort law that concerns the issue of causation in the context of damages for personal injury. The case established the eggshell skull or thin skull rule, which states that a defendant must take their victim as they find them, even if.

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Smith v Leech Brain [1962] 2 QB 405. by Lawprof Team; In shop: First-class Oxford tort law notes. Go to shop. Key point. This case established the thin skull rule in negligence which states that a particular weakness of the victim that contributed to his injury cannot be a defence to negligence even if it is not reasonably foreseeable;

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Facts. Smith (P) worked for Leech (D) as a galvanizer. P was required to lift articles, via a crane, into a tank of molten metal. On August 15, 1950, an object spattered out from the tank and burned him on the lip. P treated it and thought nothing of it, but it ended up getting larger. He went to the hospital and discovered that he had cancer.

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Smith v Leech Brain & Co Ltd [1962] 2 QB 405. Law of Tort - Foreseeability - Negligence - Damages - Remoteness of Damage - Eggshell Skull Rule - Causation. Facts. The complainant was employed as a galvaniser of steel for the defendants, Leech Brain & Co Ltd. He had been working and operating a machine in the workplace, when a piece.

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The case of Smith v Leech Brain & Co Ltd marks a pivotal juncture in tort law, spotlighting the cornerstone principle of foreseeability in determining liability. Its significance reverberates through legal corridors, serving as a compass guiding courts in navigating complex negligence claims. This landmark case is a testament to the delicate.

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Leech Brain & Co. by barelawindia. February 20, 2023. Case brief of Smith v. Leech Brain & Co. Smith v. Leech Brain & Co. is a landmark case in the UK regarding the principles of causation and the scope of duty of care owed by employers to their employees. The case was decided by the Queen's Bench Division in 1961.

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Action The plaintiff, Mary Emma Smith, as administratrix of the estate of her deceased husband, William John Smith, claimed, in an action commenced by writ dated 11 March 1955, damages from the defendants, Leech Brain & Co Ltd under the Fatal Accidents Acts, 1846 to 1908 a, and the Law Reform (Miscellaneous Provisions) Act, 1934.The plaintiff's husband was a labourer and galvanizer employed by.

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Smith v Leech Brain [1962] 2 QB 405. A widow brought a claim against the defendant under the Fatal Accidents Act for the death of her husband. The defendant employed the husband. As a result of their negligence he incurred a burn to his lip. The lip contained pre-cancerous cells which were triggered by the injury sustained.